A delivery man’s 45-year jail term and 24 cane strokes for incest with his stepdaughter were upheld by the Court of Appeal, dismissing his appeal against the conviction.
PUTRAJAYA: The Court of Appeal today upheld a 45-year jail sentence and 24 strokes of the cane imposed on a delivery man for committing incest with his stepdaughter.
A three-member panel dismissed the 34-year-old man’s appeal against his conviction and sentence handed down by the Kuala Terengganu High Court.
Justice Mohamed Zaini Mazlan, delivering the unanimous judgment, said the court rejected the defence counsel’s argument that the charges were defective.
“We opine that there is no need for the charges to contain specific dates and times because they are not essential elements of the offence,” he said.
Mohamed Zaini noted the victim was 11 years old at the time of the incident and needed protection from her mother and the appellant.
He said crimes committed by someone who is supposed to be a victim’s refuge make disclosure difficult for the victim.
The court found the conviction safe and saw no reason to disturb the findings of the lower courts.
Mohamed Zaini described the offence as heinous and said the sentence should serve as a warning to the community.
He stated sexual crimes against children are taken seriously by the court and warrant severe punishment.
The man was ordered to begin serving his prison sentence immediately.
He faced four counts of raping the victim under Section 376(3) of the Penal Code.
The charges carried imprisonment between eight and 30 years with not less than 10 strokes of the cane.
He was also charged under Section 377CA for sexual connection with an object.
All offences occurred at a house in Kuala Terengganu between early June and November 2021.
The Kuala Terengganu Sessions Court initially sentenced the man on February 29 last year.
The High Court upheld the conviction and sentence on April 14 this year.
Deputy Public Prosecutor P. Sarulatha conducted the prosecution while lawyer Muhammad Wafi Anwar Roslan represented the appellant.
